Booth et al v. United States of America
Filing
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STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 9/14/2020 MODIFYING the schedule as follows: Fact Discovery Cut Off is 11/20/2020, Plaintiff Expert Disclosure due by 12/4/2020, US Expert Disclosure due by 1/15/2021, Rebuttal Expert Disclosure due by 1/29/2021, Expert Discovery Cut Off is 4/30/2021, and Dispositive Motion Hearing by 7/16/2021. (Huang, H)
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
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RENEE BOOTH and BRADLEY CONVERSE, No. 2:19-cv-01612-KJM-CKD
JR. individually and as next friends of K.C., a
minor
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Plaintiffs,
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STIPULATION AND ORDER TO MODIFY
PRETRIAL SCHEDULING ORDER
v.
UNITED STATES OF AMERICA,
Defendants.
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Plaintiffs Renee Booth and Bradley Converse, Jr., individually and as next friends of K.C.,
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a minor, and Defendant the United States agree to adjust the case schedule as follows and
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respectfully request that the Court modify the scheduling order accordingly.
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based on good cause as set forth below.
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e initial scheduling conference in this case was held on January
,
is stipulation is
, and the parties
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agreed to a schedule prior to the Covid-
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working remotely since March
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Defendant’s counsel has also been working remotely (as have most United States Attorney’s Office
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attorneys and staff) since mid-March
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been working remotely.
,
pandemic. Since that time, Plaintiffs’ counsel has been
and has conducted all law firm activity virtually.
. Many attorneys and staff for federal agencies have also
is has caused delays in acquisition and production of documents.
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e pandemic has impacted Plaintiff K.C.’s summer visitation schedule with his
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father, Bradley Converse, Jr. Due to the pandemic, his scheduled visitation began earlier than
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anticipated, and lasted longer than normal due to the postponement of school resuming. Plaintiffs’
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counsel previously scheduled K.C. to be evaluated by an expert witness, a neuropsychologist, in
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July
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cancelled and rescheduled again in September. Other expert witnesses tasked with projecting K.C.’s
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future medical needs are waiting to finalize their reports until the neuropsychological evaluation is
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complete.
. Due to visitation scheduling changes, this evaluation was postponed until August, then
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Given the combination of lack of travel options, virtual law firm operations and
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changes to K.C.’s schedule due to the pandemic, Plaintiffs’ counsel approached Defendant’s counsel
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about the extension of several discovery deadlines to allow the parties to timely complete discovery.
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e parties have reached an agreement on new deadlines and request that the Court modify the
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schedule as follows to allow adequate time for the parties to properly evaluate the case.
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Event
Fact Discovery Cut Off
Plaintiff Expert Disclosure
US Expert Disclosure
Rebuttal Expert Disclosure
Expert Discovery Cut Off
Dispositive Motion Hearing by
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Current Date
9/18/20
9/25/20
10/30/20
11/13/20
2/5/21
4/16/21
Proposed New Date
11/20/20
12/4/20
1/15/21
1/29/21
4/30/21
7/9/21
Respectfully Submitted,
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Dated: September 14, 2020
By: /s/ Laurie Higginbotham
Laurie Higginbotham, pro hac vice
Texas State Bar Number: 50511759
lhigginbotham@nationaltriallaw.com
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Tom Jacob, pro hac vice
Texas State Bar Number: 24069981
tjacob@nationaltriallaw.com
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David E. Smith, Local Counsel
Email: dsmith@smithzitanolaw.com
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Attorneys for Plaintiffs
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McGREGOR W. SCOTT
United States Attorney
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Dated: September 9, 2020
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By: /s/Victoria L. Boesch (auth. 9/4/20)
VICTORIA L. BOESCH
Assistant United States Attorney
Attorneys for the United States
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ORDER
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The Court modifies the schedule as follows:
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Event
Fact Discovery Cut Off
Plaintiff Expert Disclosure
US Expert Disclosure
Rebuttal Expert Disclosure
Expert Discovery Cut Off
Dispositive Motion Hearing by
Current Date
9/18/20
9/25/20
10/30/20
11/13/20
2/5/21
4/16/21
DATED: September 14, 2020.
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Proposed New Date
11/20/20
12/4/20
1/15/21
1/29/21
4/30/21
7/16/21
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